Kalpana D/O Vitthalrao Daphodkar ... vs Scheduled Tribe Scrutiny ...
2016 Latest Caselaw 3199 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT NAGPUR, NAGPUR.




                                                                                     
                                                                ...

WRIT PETITION NO.2574/2016

Kalpana d/o Vitthalrao Daphodkar (after marriage: Mrs. Kalpana w/o Digamber Sadawarti)

Aged about 43 years, occu: service Assistant Teacher, R/o Khapari Mohalla Itwaripeth, Nagpur.

                                          ig                                                       ..PETITIONER

                         v e r s u s
                                        
    1)        Scheduled Tribe Scrutiny Committee 
              Nagpur Division, Nagpur 
              Through its  member Secretary 
              Giripeth, Nagpur.
       


    2.        Jeevan Vikas  Education Society
              Siraspeth, Umred Road,
    



              Nagpur: Through its Secretary

    3.        Navpratibha High School,
              Ayurvedic Layout, Mirchi Bazar 





              Umred Road, Nagpur  
              Through its Head mistress.   ..                                            ...RESPONDENTS

...........................................................................................................................

Mr. S.G.Joshi, Advocate for petitioner Mrs.Kalyani Deshpande, Assistant Government Pleader for

Respondent No.1 Mr. M.D.Lakhe, Advocate for respondent nos.2, & 3 ............................................................................................................................

                                                         CORAM:    SMT. VASANTI A. NAIK   &
                                                                        SMT . SWAPNA  JOSHI, JJ
                                                                                               . 
                                                         DATED :        24    June, 2016
                                                                          th





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ORAL JUDGMENT: (PER SMT.VASANTI A. NAIK, J.)

Rule. Rule made returnable forthwith. The petition is heard

finally at the stage of admission, with the consent of the learned counsel for

the parties.

By this Writ Petition, the petitioner seeks protection of her

services, in view of the judgment of the Full Bench of this Court in the case of

Arun Sonone vs. State of Maharashtra and others reported in 2015 (1)

Mh.L.J. 457.

The petitioner was appointed as an Assistant Teacher by the

respondent no.2, on 13.3.1999, on a post that was earmarked for the

Scheduled Tribes. The petitioner claimed to belong to 'Halba' Scheduled Tribe

and the caste claim was referred to the Scrutiny Committee, for verification.

The Scrutiny Committee invalidated the caste claim of the petitioner by the

order dated 20.4.2016. The petitioner has not challenged the order of the

Scrutiny Committee and has only sought the protection of her services, in

view of the judgment of the Full Bench.

Shri S.G.Joshi, the learned counsel for the petitioner states that

both the conditions that are required to be fulfilled while seeking the

protection of the services, in view of the judgment of the Full Bench, stand

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satisfied in the case of the petitioner, inasmuch as the petitioner was appointed

before the cut off date, in the year 1999 and there is no adverse observation

against the petitioner in respect of fraud committed by her. It is stated that

the caste claim of the petitioner is rejected as the petitioner was not able to

prove the same on the basis of the documents.

Smt.Kalyani Deshpande, the learned Assistant Government

Pleader appearing on behalf of the respondent no.1 and Shri M.D. Lakhe, the

learned counsel appearing for the respondent nos. 2 and 3, do not dispute the

position of law, as laid down by the Full Bench. It is fairly admitted that the

petitioner was appointed before the cut off date, in the year 1999 and there is

no adverse observation in the order of the Scrutiny Committee that the

petitioner had fraudulently secured the benefits meant for the 'Halba'

Scheduled Tribe.

On hearing the learned counsel for the parties, it appears that the

services of the petitioner are required to be protected. As rightly submitted on

behalf of the petitioner, both the conditions that are required to be satisfied

while seeking the protection of services, stand satisfied in the case of the

petitioner.

Hence for the reasons aforesaid, the Writ Petition is allowed. The

respondent nos. 2 and 3 are directed to protect the services of the petitioner,

on the condition that the petitioner furnishes an undertaking to the

respondent nos. 2 and 3 and in this Court within a period of four weeks,

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that neither the petitioner nor her progeny would seek the benefits meant for

the 'Halba' Scheduled Tribe, in future,

Rule is made absolute in the aforesaid terms, with no order as to

costs.

                            JUDGE                           JUDGE




                                                  
    sahare